Steamboat Springs A Steamboat Springs man ordered to stay away from his trailer after he reportedly shot at two men excavating rock on the Yampa River can return home.
At a court appearance Monday, Routt County Judge James Garrecht allowed Russell Dean Marmon, 45, to return to his mobile home at 20 Dream Island Plaza.
Marmon, who has been charged with felony menacing, still cannot make any contact with the two Miller Excavating employees he is accused of firing two shots at April 3.
Garrecht's order came more than a week after he ordered Marmon to stay away from the workers, his home and the entire Dream Island Mobile Home Community.
Assistant District Attorney Kerry St. James recommended the original restraining order because of Marmon's alleged behavior toward the workers and his comment to police that he would shoot the workers if they came back again.
St. James did not agree with changing the order. He argued there were no assurances Marmon would not demonstrate the same behavior again. He urged the court to "tip the balance in favor of the safety of the community."
"Clearly, he endangered the lives of two people directly," St. James said.
Garrecht, however, was persuaded by letters from neighbors who asked that the court allow Marmon to return to his residence. The judge stipulated that Marmon could not go near his trailer if excavation work was happening nearby.
The excavation work is slated to wrap up soon, so the condition should not pose too much of a problem, Garrecht added.
Marmon was reportedly upset with a river-improvement project taking place behind his home. The city hired Miller Excavating to place boulders in the riverbed to improve fish habitat and create additional recreation areas for tubers and kayakers.
No one was injured in the shooting, which occurred behind a trailer adjacent to Marmon's home, according to police reports.
Steamboat Springs police said Marmon, who appeared to be intoxicated, told them he didn't want the workers "messing up the river."
Marmon admitted in court April 4 that alcohol impaired his judgment and he couldn't recall much of the incident.
Police traced Marmon's footprints from the riverbank to a nearby trailer and surrounded the mobile home. When Marmon saw officers at the door, he voluntarily walked out and officers arrested him. Two other men who were inside the trailer walked out at officers' request but were not arrested.
Officers confiscated a .45-caliber Ruger pistol Marmon reportedly used in the shooting, as well as three bullets from his pocket and two empty casings from his neighbors' trailer.
Marmon is scheduled to appear in court again at 1:30 p.m. May 7.
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